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8 Legal Issues Collegiate Athletics 1 (2006-2007)

handle is hein.journals/lica8 and id is 1 raw text is: LEGAL IssES N Route To: /ll COLLEGIATE ATHLETICS A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics Coach's Retaliation Complaint Gets NCAA Penalizes University of Iowa for Major Violations in Men's Swimming......2 Major Violations Lead to Penalties for University of Kansas.............. 3 James Madison University's Decision to Cut Athletic Teams: A Farce or Tragedy?......4 North Dakota Gets Temporary Reprieve on Fighting Sioux Nickname............6 Conference Calendar.. .9 News In Brief......9 Personnel Moves......12 Mixed Ruling from Federal Judge In a mixed ruling on a summary judgment motion, a California federal judge has dismissed and extended a former coach's claim that he was retaliated against because of his whistle blowing activities. The court dismissed the retaliation claim as it related to alleged Title IX violations, finding insufficient evidence for the claim. However, the plaintiff's retaliation claim as it related to accounting mismanagement survived the summary judgment motion because he presented evidence of a causal link between his complaints regarding fiscal mismanagement and the end of his employment. David Wells began his coaching career at Humbolt State University (HSU)in 1980. While employedatHSU, he coached a combination of men's and women's cross-country and track and field events, according to the court. His employment was governed by limited- term contracts. Usually, the contract was for a one-year term, but sometimes the term was two or three years. For over two decades, after each term expired, the plaintiff's contract would be renewed for another set term. In late 1998 or early 1999, the plaintiffbecame concerned about HSU's compliance with Title IX. He approached Mike Swan, who was then the athletics director, and discussed his concerns, specifically, the inequality between the funding of men's and women's sports. Swan was non-responsive, according to the court. The plaintiff then met with John Costello, who was the Dean of the College of Professional Studies, to discuss his Title IX concerns. Dean Costello referred the plaintiff back to See WELLS on page 7 State Appeals Court Applies 'Prudent Person Standard of Care' to Golf Case A California state appeals court has reversed a trial court after concluding that it should have applied the prudent person standard of care when determining whether a middle school golf coach and the school district that employed him were liable for an accident that occurred during a P.E. class. That trial court had applied the Knight/Kahn limited duty of care, which is a more forgiving standard. The setting for the accident was a 7th grade P.E. class being taught in the Long Beach Unified School District. The plaintiff, Jane Hemady, was a 12- year-old student at the time. Hemady was standing in line waiting her turn to swing her golf club when the student in front of her unexpectedly took another swing, hitting her in the mouth. The plaintiffsued, seeking damages for personal injuries from the school district and the instructor, Brian Feely. In her complaint, she alleged that Feely had failed to properly supervise the class and was purposefully distracted at the time of the accident. Traditionally, the applicable standard of care for such litigation has See HEMADY on page 8 Digitized from Best Copy Available Volume 8, Issue 2 December 2006

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